18 HH 29-2007 HC 1786/06 application on its merits. To do so the court would have to take into account all these requirements which are factors in the determination of due compliance on the part of an applicant. The court in such a situation cannot be in as good a position as the authority and make a decision. These are also facts not before the court but which go toward the consideration of the application itself. In my view, it is clear that the applicant has not made out a case for the court to assume the discretion to deem that the applicant is duly registered or is deemed to be so registered. In presenting argument on behalf of the applicant, Mr Matinenga submitted that in the event that the court was not disposed to grant an order in terms of paragraph 2 of the draft it should instead consider an alternative order viz-: that the court order that pending the consideration of an application by the applicant for registration, it be permitted to continue carrying on the activities of a mass media service provider. Clearly the applicant if it were to start operations as a result of the order of this court would not be continuing to operate. It ceased operating the service a while ago. Effectively therefore it would be operating as a result of the order issued by this court. Additionally the manner in which the amended draft order is phrased is such that were the order to be granted it would in effect end up being a registration of a mass media service provider by the court instead of the administrative authority. This court is not in a position then to set conditions on such operations and what those conditions should be. I believe that the applicant is still requesting this court to impose its own discretion to register it as opposed to the administrative authority permitted by law to do so. The application therefore fails. Costs should normally follow the result. The reason that the application has not succeeded is not due to lack of merit but rather that the applicant followed the wrong procedure. In the premises I do not believe that an order of costs against it would meet the justice of the case. The respondents are not entitled to an order of costs in view of the manner in which the application for registration was handled. Given the attitude being displayed by the Minister, since the dispute arose, it is obvious that he does not intend to put in measures or even change the composition of the Commission in order for the application for the registration of the applicant to be dealt with by an impartial body. Clearly this would be in violation of the applicant‟s rights in terms of the Act. The applicant has had to come to court yet again due to the lack of action on the part of one of them and the failure to ensure that they comply with the AIPPA on the part of both. In the result I make the following order. The application is dismissed. Each of the parties is ordered to pay his or its own costs. 18